Facebook and Divorce In addition to its effect on many other parts of our daily lives, Facebook now appears to be taking over even our divorces. Over 30 percent of divorce pleadings now contain the word “Facebook.” What’s going on here? Are we so attached to Facebook that we can’t imagine completing a task without it? (I recently saw an online legal question-and-answer session in which a woman asked whether she could serve her husband with divorce papers via Facebook. The answer, should you be wondering, is no.) Or, is our increased use of social media somehow causing divorce? This …

Parenting, Soviet-Style–in the U.S. Or, how much money do you really have for child support? If a married couple in Minnesota gets a divorce and child support is awarded, the amount awarded largely depends on the parties’ incomes. So, say you’re a soon-to-be ex-husband and the court is awarding child support to your ex-wife. If you want to minimize your child support obligation, what do you do? What can you do? You could always move to Bora Bora and change your name, but that’s not very responsible or ethical. Perhaps a better and more appropriate way to do this …

Minnesota Father’s Rights group advocates for more time between father and children. The Associated Press recently wrote an article highlighting a movement that has been popping up in various states, including our own Minnesota, which is to increase the presumption of time each parent has with their child. Presumption of Parenting Time It may come as a surprise but if you get divorced or have a child out of wedlock with a person, there is a presumption in Minnesota that one parent will have at least 25% of the parenting time (with the other having, obviously 75%). Side note: a …

Out of Sight But Not Out of Mind: Minnesota child custody modification with parents or children in different states While you might generally be thrilled to have your ex living in a different state from you, this situation does bring up potential complications about which state’s courts will have jurisdiction to determine child custody issues relating to your children. As we discussed in a previous post, many states, including Minnesota, have enacted a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to help alleviate the potential for bureaucratic complications to custody issues when the parents and/or …

What is No-Fault Divorce? When you plan to get divorced, there are several questions that fill up your mind. A divorce will bring cause great change in your personal life. When a couple decides to end their marriage, there is usually some valid reason for taking this step. It is vital to understand this reason then file the papers in the court accordingly. In some state, ff your spouse has cheated on you, then you can opt for adultery as the ground for divorce (but not in Minnesota). When either of the spouses is not at fault for the divorce …

I’ve given some time in the past to what exactly are Minn. Stat 518.17 Best Interest factors and I’ve discussed the 13 different factors, but in order to avoid writing a book, I really gave only a quick look at each factor due to space consideration. Now, I’m going to spend a little time on each of the 13 Best Interest factors. Remember of the 13 factors, there is not one “magic factor” that is dispositive of custody. In fact, the statute specifically states that one may not be used and all the rest ignored. So to paraphrase Orwell “All …

Are courts biased against fathers in custody decisions? Following a divorce in Minnesota, courts are required to make many decisions about who gets custody of the kids based on the best interests of the kids. Fathers often feel that, more often than not, this results in the mother having sole custody of a child, or fathers receiving inadequate parenting time with the kids. Is this just a perception or does this actually happen?There are basically two competing considerations here: first, that Minnesota law doesn’t provide for any special consideration to mothers in custody determinations. In other words, there is no …

When can your parental rights be terminated in Minnesota? It’s definitely not a happy topic, but parents facing involuntary termination of their parental rights need to know some important information about when a court can take away such rights. “Termination of parental rights” means that the court takes away any rights the parent had in regard to the child—custody, parenting time, decisions about the child’s upbringing or welfare. It’s not a temporary decision that lets the parent still be involved in the child’s life. If your parental rights are terminated, you can’t get them back by becoming a better parent; …

Changing Your Child’s Name In today’s world with marriage rates down, divorce rates up and many of the old customs gone it’s not uncommon to want to change the name of your child. Maybe the baby paternity was in doubt, your remarried or your ex has remarried, there are many reasons why you may want to change your child’s name. As is often the case we have laws in Minnesota to help decide if this can be done. Minn. Stat. 259.10 gives us some guidance. Generally, you have to be in Minnesota for 6 months and then you can file …

In Minnesota, you cannot “pick” your Judge for your divorce case, but you can remove the Judge, once, very easily. The rule is Minn. R. Civ. Procedure 63.03 . As is often the case, there a few specifics that must be followed in order to get a new Judge on your case: Must be removed within 10 days of notice of judicial assignment. Each Paty may only remove once. Since there is not a jury in Minnesota Divorce cases, the Judge will be the trier of fact. This means the Judge will listen to the facts, to you, your spouse, …

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